Committee Report

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Calendar No. 51
115th Congress } { Report
SENATE
1st Session } { 115-37
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FORT SCOTT NATIONAL HISTORIC SITE BOUNDARY MODIFICATION ACT
_______
May 3, 2017.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 189]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 189) to modify the boundary of the Fort
Scott National Historic Site in the State of Kansas, and for
other purposes, having considered the same, reports favorably
thereon with an amendment in the nature of a substitute and
recommends that the bill, as amended, do pass.
The amendment is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Scott National Historic Site
Boundary Modification Act''.
SEC. 2. FORT SCOTT NATIONAL HISTORIC SITE.
(a) In General.--Public Law 95-484 (92 Stat. 1610) is amended--
(1) in the first section--
(A) by inserting ``, by purchase with appropriated
funds, or by exchange'' after ``donation''; and
(B) by striking the proviso; and
(2) in section 2--
(A) by striking ``sec. 2. When'' and inserting the
following:
``SEC. 2. ESTABLISHMENT.
``(a) In General.--When''; and
(B) by adding at the end the following:
``(b) Boundary Modification.--The boundary of the Fort Scott
National Historic Site established under subsection (a) is modified as
generally depicted on the map referred to as `Fort Scott National
Historic Site Proposed Boundary Modification', numbered 471/80,057, and
dated February 2016.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the amendments
made by subsection (a).
Purpose
The purpose of S. 189 is to modify the boundary of the Fort
Scott National Historic Site in the State of Kansas.
Background and Need
Fort Scott was established by the U.S. Army in 1842. Today
it is an integral part of Kansas' and the nation's history as a
contributing factor to the ``Bleeding Kansas'' slavery fights,
the Civil War, railroad expansion, and the westward settlement
of the United States.
S. 189 would modify the site's boundaries to include four
individual tracts--three to be acquired through future purchase
and one through donation to the National Park Service. The
private landowners whose land would be included in the boundary
modification are fully supportive of the proposed boundary
expansion.
The parcels would afford much needed improvements for the
historic site, including the addition of an appropriate
maintenance facility and emergency shelter for providing public
and employee safety in the event of natural disasters. The
modifications also would allow for direct access and egress for
employees and visitors to the highway, enrich the quality of
visitors' experiences through an efficient visitor contact
station, and allow for the care of the Lunette Blair Civil War
Block House, which is the sole remaining Civil War-era
structure of the four original lunette fortifications in Fort
Scott.
Legislative History
Senator Moran introduced S. 189 on January 23, 2017.
In the 114th Congress, Senator Moran introduced a similar
measure, S. 2087, on September 28, 2015. The Subcommittee on
National Parks held a hearing on the bill on June 15, 2016. The
Committee on Energy and Natural Resources met in open business
session on July 13, 2016, and ordered S. 2087 favorably
reported as amended.
In the 115th Congress, a related bill, H.R. 1541, was
introduced in the House of Representatives by Representative
Jenkins on March 15, 2017.
The Committee on Energy and Natural Resources met in open
business session on March 30, 2017, and ordered S. 189
favorably reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on March 30, 2017, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
189, if amended as described herein.
Committee Amendment
During its consideration of S. 189, the Committee adopted
an amendment in the nature of a substitute to conform the
language with S. 2087, the version reported by the Committee in
the 114th Congress, and to authorize acquisition of the parcels
by exchange. The amendment is further described in the section-
by-section analysis.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title.
Section 2. Fort Scott National Historic Site
Section 2 authorizes the acquisition of lands within the
boundary of the Fort Scott National Historic Site by purchase
with appropriated funds, donation, or exchange. Additionally,
section 2 modifies the boundary of the Fort Scott National
Historic Site in accordance with the referenced map and
authorizes such sums as may be necessary to acquire the needed
land.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 189 would authorize the National Park Service (NPS) to
acquire the Civil War-era structure known as the ``Lunette
Blair'' blockhouse and to incorporate the structure into the
Fort Scott National Historic Site in Bourbon County, Kansas.
The bill also would authorize the NPS to acquire, by purchase
using appropriated funds or by a land exchange, approximately 4
acres of private land, including facilities, adjacent to the
historic site and would modify the boundary of the site to
include those properties. (Under current law, the NPS may only
acquire such properties by donation.)
Based on an analysis of information provided by the NPS,
CBO expects that the agency would likely acquire the blockhouse
by donation and that the 4 acres of property would cost about
$600,000. Once acquired, the NPS would incur costs to repair
and maintain the properties and associated facilities. Based on
information provided by the NPS about the costs for operating
venues of comparable size, CBO estimates that the agency would
spend about $250,000 annually on maintenance and operating
costs for the site. In total, CBO estimates that implementing
the legislation would cost about $2 million over the 2018-2022
period and an additional $250,000 annually thereafter; that
spending would be subject to the availability of appropriated
funds.
Enacting S. 189 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 189 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
S. 189 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 189. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 189, as ordered reported.
Congressionally Directed Spending
S. 189, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
Because S. 189 is similar to legislation considered by the
Committee in the 114th Congress, the Committee did not request
Executive Agency views. The testimony provided by the
Department of the Interior at a hearing before the Subcommittee
on National Parks on June 15, 2016, follows:
Statement of Dr. Stephanie Toothman, Associate Director Cultural
Resources, Partnerships, and Science, National Park Service, U.S.
Department of the Interior
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to present the views of the Department of the
Interior on S. 2087, a bill to modify the boundary of Fort
Scott National Historic Site in the State of Kansas, and for
other purposes.
The Department supports S. 2087 with a proposed amendment
to substitute an updated map.
This bill would amend P.L. 95-484, the establishing
legislation for Fort Scott, to modify the boundary to include
four parcels totaling approximately 3.81 acres of land and to
authorize the Secretary to acquire properties by purchase with
appropriated funds as well as donation.
Fort Scott was designated a National Historic Landmark in
1964. On October 19, 1972, Fort Scott was authorized as a unit
of the National Park Service ``to commemorate the significant
role played by Fort Scott in the opening of the West, as well
as the Civil War and strife in the State of Kansas that
preceded it.'' The historic site is currently 16.69 acres, but
it does not include four significant parcels adjacent to or on
or near the boundary of the park. The four properties are
identified as the Westar property, the Cummings property, the
Chamber of Commerce property, and the Lunette Blair Blockhouse.
The Westar property is 2.87 acres located adjacent to the
western boundary of the park where the first civilian merchants
in the area sold supplies to soldiers, Indians, tradespeople,
travelers, and farmers. The Westar property also includes part
of the historical landscape associated with the Civil War,
including entrenchments and fortification structures that
surrounded the fort. It is also the site associated with two of
the earliest African-American neighborhoods in Fort Scott, both
during and after the Civil War. These African-American families
and refugees escaped from Indian Territory and followed the
Union Army to Fort Scott. They rented or owned houses on the
present-day Westar property, one of which was occupied by an
African-American Civil War veteran with the 2nd Kansas Colored
Infantry who lived on his property until the 1920s.
The Westar property includes an 18,940 square-foot brick
structure of various elevations and storage spaces. The
building has administrative and visitor services potential and
could be utilized as an educational, orientation center or as
exhibit/museum space that is accessible since this would be the
only on-grade building in the boundary. Additionally, this
brick building could improve public safety since it would be
the only appropriate space in the park for providing visitor
and employee safety in the event of a natural disaster such as
a tornado or a severe thunderstorm.
The Lunette Blair Blockhouse is located near the park
boundary. It is the last remaining Civil War-era military
structure, built to defend the town of Fort Scott and its
robust military supply depot from Confederate attack. For more
than 50 years, the blockhouse has been maintained and preserved
through a public-private partnership between the City of Fort
Scott and local individuals and organizations. The president of
the organization approached the park to donate the property
because the members were no longer physically or financially
able to continue their preservation efforts. No other
organization has shown interest in preserving the Blockhouse.
Without regular maintenance, this structure will continue to
deteriorate and the opportunity for visitors to experience the
epic stories of those who fought for freedom and the Union from
1861 to 1865 will be lost.
The Cummings property is 0.73 acres adjacent to the park's
eastern boundary and separates the historic site from U.S.
Highway 69. This parcel would provide visitors with more direct
access to the park. The owners have expressed interest in
selling their property. The site includes a 13,159 square-foot
building on the property suitable for administrative purposes.
The Chamber of Commerce property consists of 0.24 acres
adjacent to the park's eastern boundary. The site currently
houses the chamber offices. The building is bordered by the
park on three sides, and including this property would allow
for a continuous boundary. The Chamber of Commerce would
continue the use of this building for the foreseeable future.
The estimated cost of acquisition for the Cummings property
is approximately $147,500 and the estimated cost for
acquisition of the Westar Property is $350,000. The Lunette
Blair Blockhouse would be acquired through donation. The
additional facilities and properties will increase park
operational and maintenance costs, but the amount will depend
on the number of facilities acquired and their condition.
Additional funds for maintenance, repairs and capital
improvements would be awarded through the NPS competitive
process, subject to service-wide priorities and the
availability of appropriations.
Support for the boundary modification has been expressed by
various community organizations and community members,
including the City of Fort Scott, the Bourbon County Economic
Development Association, the Bourbon County Commissioners, the
Bourbon County Riverfront Authority, the Bourbon County Chamber
of Commerce, and the Friends of Fort Scott NHS, Inc.
The Department requests an amendment to substitute an
updated map. The map referenced in the bill includes a parcel
we do not want be included in the expansion.
Mr. Chairman, this concludes my testimony. I would be happy
to answer any questions you or other members of the
subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC LAW 95-484
* * * * * * *
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That, in
order to commemorate the significant role played by Fort Scott
in the opening of the West, as well as the Civil War and the
strife in the State of Kansas that preceded it, the Secretary
of the Interior may acquire by donation, by purchase with
appropriated funds, or by exchange the land and interests in
land, together with buildings and improvements thereon, known
as Fort Scott, located in the city of Fort Scott, Bourbon
County, Kansas[: Provided, that the buildings so acquired shall
not include the structure known as ``Lunette Blair''].
[Sec. 2. When] SEC. 2. ESTABLISHMENT.
(a) In General.--When the site of Fort Scott has been
acquired by the United States as provided in section 1 of this
Act, the Secretary of the Interior shall establish such area as
the Fort Scott National Historic Site, by publication of notice
and boundary map thereof in the Federal Register.
(b) Boundary Modification.--The boundary of the Fort Scott
National Historic Site established under subsection (a) is
modified as generally depicted on the map referred to as ``Fort
Scott National Historic Site Proposed Boundary Modification'',
numbered 471/80,057, and dated February 2016.
* * * * * * *
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